East Lyme commission discusses Landmark lawsuit behind closed doors

East Lyme — The Water and Sewer Commission met in closed session Tuesday to discuss litigation from Landmark Development Group, the Middletown-based company that is proposing to build a residential complex, including affordable units, in the Oswegatchie Hills.

Town attorney Edward O’Connell said before the executive session that the commission was not planning to take action on Tuesday.

Landmark has been appealing in state Superior Court the commission’s 2012 decision to deny its request for 118,000 gallons of sewage capacity per day for the proposed development. At the time, the commission said the request would claim a “disproportionately large” amount of the town’s sewage capacity.

As part of the appeals case, the court directed the commission in January to specify how much sewage capacity it would allow Landmark. The commission voted in February to allow the developer 13,000 gallons per day.

Judge Henry S. Cohn ordered in June for the commission to reconsider the sewage allotment for Landmark. He said the allotted sewage capacity was “inappropriately low,” for reasons that include the commission’s use of data from 2004, which he said was not current, according to court documents.

Court documents show that the case in ongoing, with a hearing scheduled for Sept. 4.